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TMI Blog2019 (2) TMI 585X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant. Shri A.V.L.N. Chary, Superintendent/AR for the respondent ORDER Per: Mr. M.V. Ravindran 1. These three applications for rectification of mistake have been filed by the appellant applicant seeking rectification in Final Order No. A/30843- 30846/2018, dated 07.08.2018. 2. Ld. Counsel appearing for the applicant appellant draws our attention to the Final Order dated 07.08.2018 and su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Business is not a commercial structure and not used for Commerce & Industry as Indian School of Business is a company registered under the Companies Act as a "not for profit" company and claiming exemption under Income Tax Act for being an educational institution. Subsequently in the case of Indian School of Business it was held that Indian School of Business is imparting education and is not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a conclusion. 4. On consideration of the submissions made by both sides and perusal of records and the Bench's order dated 07.08.2018, we find that the Bench in the said order has on merits rejected all the appeals relying various judgments of the Tribunal. We also note in the said order that the Bench has not recorded any findings on the plea made by the Counsel for setting aside the penalties i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id letter was acknowledged by the Office of the Superintendent on 19.03.2008. Subsequently, appellant applicant was served a show cause notice for non payment of service tax from December 2007 and this show cause notice was issued on 16.03.2009. We find that the Finance Act, 2010, with retrospective effect from 01.07.2003 clarified that profit motive is not an essential ingredient for an Institute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce tax from December 2007. 6. Accordingly, we find that this is a fit case to invoke the provisions of Section 80 of the Finance Act, 1994 and hold that appellant applicant has made out a case for setting aside the penalties imposed on them by various orders in the appeals which were decided by the Bench on 07.08.2018. 7. We set aside the penalties imposed by various impugned orders and disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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